Sendy Terms of Service
When a customer makes an international money transfer with Seven Global Remit, Ltd. (hereinafter referred to as “our Company”), it shall be assumed that the customer has read and agreed to the Sendy Terms of Service (hereinafter referred to as “these Terms”) and the Important Notes on Payment Services Act established by our Company.
If a customer falls under any one of the following Items and our Company suffers damages as a result, the customer shall be obliged to compensate for said damages.
Article 1 (Scope of Application)Matters not stipulated in these Terms when using the Sendy international money transfer service provided by our Company shall be handled in accordance with relevant laws, regulations, national customs, procedures prescribed by relevant parties, etc.
Article 2 (Definitions)Definitions of terminology in these Terms shall be as follows.
- (1) “Sendy” refers to the international money transfer service and related services (hereinafter referred to as “the Service”) provided by our Company to customers who have signed an international money transfer service contract with our Company. The Service is to be used by customers using the application designated by our Company (hereinafter referred to as “the Sendy app”), downloaded to the customer’s smartphone.
- (2) “International money transfer” refers to transactions which, based on the customer’s request, deposit funds which have been entrusted to our Company from the customer into receiving accounts at receivers’ banks overseas (hereinafter referred to as “Receiving Bank” and “Receiving Account”) designated by the customer.
- (3) “Receiving Country” refers to a country or region other than Japan to which a deposit to a Receiving Account (hereinafter referred to as “receipt of international money transfer”) is made when making an international money transfer. The Receiving Country is specified by the customer from amongst the countries or regions other than Japan which have been designated by our Company.
- (4) “Partner” refers to a business partner with whom our Company is affiliated in providing the Service. Further, special agreements accompanying these Terms may be established, and different Partners may be specified in said special agreements. Partners specified in these special agreements are also included in the “Partners” in these Terms.
- (5) “Laws and ordinances related to foreign exchange” refers to the Foreign Exchange and Foreign Trade Act, the Act on Prevention of Transfer of Criminal Proceeds, and other relevant laws and regulations in and outside of Japan which are applicable to international money transfer services, international money transfers, or receipt of international transfers based on these. This includes policies, orders, instructions, counsel, official notices, and guidelines from relevant authorities, agencies, organizations, and associations (hereinafter referred to as “relevant authorities, etc.”).
- (6) “Transfer ID” refers to the number individually assigned by our Company to each international money transfer.
- (7) “Customer information” refers to a customer’s personal information provided to our Company by the customer regarding the Service and other various services used or transactions made by the customer, as well as transfer information and other kinds of information (including contents of documents submitted by the customer, details of requests for international money transfers, and receiver information. Said requests are hereinafter referred to as “transfer requests”).
- (8) “Receiving Currency” refers to currency specified by the receiver (specified by the customer) as the one to use when receiving international money transfers, from a list of foreign currencies specified by our Company.
- (9) “Sendy account” refers to an account for the Service provided by our Company.
- (10) “Value” refers to the electromagnetic record of funds which the customer has deposited with our Company in using the Service, which is provided and issued by our Company. This value is kept in the Sendy account under the customer’s name.
Article 3 (Service Provider)The Service is provided by our Company to customers, and all of customers’ rights and obligations based on international money transfer services and international money transfer transaction (including transfer requests) shall only occur and belong between the customer and our Company. Partners and Receiving Banks will only support our Company in providing services to customers, and will not be party to transactions with customers.
Article 4 (Purpose of Use)
- 1. The Service is intended for international money transfers of expenses related to the expenditures of customers or individual receivers. The Service is not available for uses by corporate customers.
- 2. If a customer intends to use the Service for purposes other than that specified in the preceding Paragraph, the customer shall, without exception, notify our Company to that effect before use.
Article 5 (Application for Agreement)
- 1. In order to use the Service, it is necessary to enter into an International Money Transfer Service Agreement with our Company in advance. The International Money Transfer Service Agreement is a contract for each person, to be established when our Company has reviewed and approved a customer’s application via the methods specified by our Company.
- 2. Those who meet all of the following requirements may apply for an International Money Transfer Service Agreement.
- (1) Must be an individual residing in Japan as a general rule
- (2) Must be 16 years of age or older
- (3) Must have a smartphone with which it is possible to use the Sendy app, and must be able to contact our Company by email
- (4) Must not be able to apply any of the Items in Article 8, Paragraph 2
- 3. If the customer is a minor, he or she shall apply for an International Money Transfer Service Agreement with the consent of a parent or legal representative in order to use the Service.
- 4. Customer information will be registered by our Company based on the Items stated in identification documents submitted by the customer. In addition, it should be noted that in the event there is a minor difference, such as an error, between the information entered or written by the customer and the information on the identification documents, the information from the customer’s identification documents shall be considered to be reported.
- 5. When using the Service, a receiver for whom registration may be applied shall be an individual specified by the customer who holds Receiving Accounts in a country or region outside Japan which has been designated by our Company. However, registration of a number of receivers exceeding that which has been specified by our Company cannot be applied for. Application for registration of a receiver will be completed when our Company has reviewed and approved the application via the methods specified by our Company.
- 6. Even if an application is accepted and registration has been completed, it may be impossible to send money according to the information registered due to transfer restrictions etc. stipulated in Article 7 (hereinafter referred to as “transfer restrictions”).
Article 6 (Confirmation at Time of Transfer)
- 1. At the time of a customer’s application, our Company will confirm the customer’s transfer via the methods specified by our Company based on laws and regulations.
- 2. Among the confirmations performed at the time of transfer, confirmation of matters of personal identification will be performed, either by receiving submission of identification documents and sending documents regarding transfers to the customer’s registered address (however, this is limited to those who follow the procedures specified by our Company), or by our agent with whom we have an agency agreement receive identification documents from the customer in person, in accordance with our Company’s procedure.
- 3. In addition to cases in which the requirements in Paragraph 2 of the preceding Article have not been met, our Company may choose not to provide the Service in the following cases. Our Company is not responsible for any damages caused to the customer.
- (1) When transfer-related documents sent by our Company do not reach the customer and are returned
- (2) When our Company cannot contact the customer regarding application despite contacting the required email address, phone number, address, etc.
- (3) When our Company determines that there is doubt regarding the details registered by the customer
- 4. If the customer falls under any of the following, which are stipulated in the Act on Prevention of Transfer of Criminal Proceeds, at the time of or after application, the customer must notify our Company.
- (1) A person who occupies or who has occupied an important position as a foreign head of state, or in a foreign government, central bank, or other similar organization
- (2) A family member of a person listed in the preceding Item, or others who meet the conditions prescribed by our Company
Article 7 (Transfer Restrictions)
- 1. Our Company will not handle any of the international money transfers specified in the following Items.
- (1) Those prohibited by laws and ordinances related to foreign exchange.
- (2) Those which require prior authorization, approval, reporting, registration, etc. from relevant authorities in accordance with laws and ordinances related to foreign exchange, and which subject our Company to the restriction of performing the completion thereof at the time of the international money transfer.
- (3) Those whose purpose is for the payment of import costs (purchase price for goods or services), commercial purposes, or other remittance/usage purposes outside of those designated by our Company.
- (4) Those whose funds are from a source other than that which has been approved by our Company.
- (5) Those by which the customer requests a money transfer on behalf of a third party for said third party.
- (6) Those which violate transfer restrictions (in this Item, the transfer restrictions stipulated in Paragraph 4 are limited to those specified by Partners).
- 2. Our Company will not accept requests for international money transfers for purposes other than the purpose of transfer and purpose of use which have been declared by the customer.
- 3. In providing the Service, our Company may set various restrictions as well as change the restrictions which have been set at any time without notifying customers in advance. Said restrictions include conditions for review as stipulated in Article 5, as well as the Receiving Country, Receiving Currency, and transfer limits per transfer, per year, etc.
- 4. Partners or Receiving Banks may set various restrictions (including payment limits and restrictions on payment frequency, restrictions on Receiving Currency regarding the type/volume to be handled, restrictions on receiver attributes such as age and mailing/physical address, as well as restrictions due to laws of the Receiving Country and other laws and ordinances related to foreign exchange) as well as change the restrictions which have been set regarding acceptance of payment instructions from our Company or payment to a Receiving Account at any time without notifying customers in advance. International money transfers related to customer transfer requests which have been accepted by our Company are limited by the transfer restrictions set by Partners or Receiving Banks, and only deposits within that scope will be made to Receiving Accounts.
Article 8 (Exclusion of Anti-Social Forces)Accounts can be used by those who do not meet any of the following Items.
If a customer falls under any one of the following Items and our Company suffers damages as a result, the customer shall be obliged to compensate for said damages.
- 1. When it is determined that the customer has made a false declaration regarding statements or promises made by the customer in applying to open an account
- 2. When it is determined that the customer is a gang, a member of a gang, a person for whom five years have not passed since ceasing to be a member of a gang, an associate gang member, a gang-related company, a corporate extortionist, a rogue adopting social movements as its slogan, a violent force with special knowledge, another person similar to any of the above (hereinafter, such persons are referred to as “gang members, etc.”), or falls under any of the following Items:
- (1) Has a relationship that is recognized as unjustly utilizing gang members, etc. for the purpose of gaining wrongful profit for oneself or a third party, or for the purpose of damaging a third party
- (2) Has a relationship that is recognized as being involved in providing funds, etc. to gang members, etc. or accommodating gang members, etc.
- 3. When the customer performs an act which falls under any one of the following Items themselves or through a third party
- (1) Violent demands
- (2) Unreasonable demands beyond legal responsibilities
- (3) Acts which use threatening behavior or violence in relation to transfers
- (4) Acts which damage our Company’s credibility or interfere with our Company’s business by disseminating rumors or using fraud or force
- (5) Other acts equivalent to the preceding Items
Article 9 (Reporting of Guardians)
- 1. In the event that assistance, curatorship, or guardianship has begun for the customer by decision of the family court, please report the name of the guardian, etc. and other necessary matters in writing immediately.
- 2. If the customer has been appointed a supervisor of a voluntary guardian, please report the name of the supervisor and other necessary matters in writing immediately.
- 3. If the customer has already been referred for assistance, curatorship, or guardianship, or if a voluntary guardian has been appointed, please report in the same manner as in Paragraphs 1 and 2 of this Article.
- 4. If the customer cancels or changes the items to be reported in Paragraphs 1 to 3 of this Article, please report any changes in the same manner.
- 5. Our Company shall not be liable for any damages (including damages caused by delays in notification) which occur before reporting as in Paragraphs 1 to 4 of this Article.
Article 10 (Personal Identification When Using Service, Etc.)
- 1. As a general rule, when a customer uses the Service, his or her identity will be verified by the following methods.
- (1) Of the login ID, login password, and transfer PIN code (hereinafter collectively referred to as “PIN code, etc.”), as well as customer information entered into the Sendy app, what our Company specifies according to transfer details will depend on the method used to confirm that it matches what has been registered with our Company by the method our Company prescribes.
- (2) In cases other than that stipulated in the preceding Item, the documents, certificates, etc. or information which our Company has specified, and which have been submitted or transmitted by the methods prescribed by our Company, will depend on the method used to confirm that they match what has been registered or recorded with our Company by the method our Company prescribes.
- 2. Excepting cases of intentional or gross negligence on the part of our Company, verification of identity by the methods specified in each Item of the preceding Paragraph will be carried out by an appropriate mechanical process or with due care to recognize the customer to be unmistakably himself or herself. After this, our Company bears no responsibility for any damage caused due to the following reasons or other incidents, even if the user is not the customer himself/herself.
- (1) There was plagiarism or unauthorized use of any notification or transfer information, such as PIN code, etc.
- (2) There was forgery, alteration, plagiarism or unauthorized use of related documents or identification documents
- (3) There were false or incorrect details in a notification related to customer information, or the notification was not made in a timely manner
- (4) There was an illegal transfer related to customer information
Article 11 (Management, Etc. of Devices for Use, PIN Codes, Etc.)
- 1. Please manage the device used (refers to the smartphone to which the customer has downloaded the Sendy app) so that it is not used by anyone other than you (the customer). If there is a concern that your (the customer’s) device has been used by another person due to forgery, theft, loss, etc., please notify our Company immediately. Upon receiving this notification, our Company will take immediate measures, such as suspension of use of the account.
- 2. It is the customer’s responsibility to securely manage their PIN code, etc. so that is not made known to a third party. If there is a possibility that your PIN code has been revealed to a third party, please follow the procedures prescribed by our Company immediately. Our Company is not responsible for any damages caused before these procedures.
- 3. Please avoid using something that may be easily guessed by others for your PIN code, etc., such as your date of birth, repeating numbers, or a phone number. Please make appropriate changes according to the procedures prescribed by our Company so that others do not know your PIN code, etc. If our Company determines that a PIN code, etc. that is easy to guess has been registered, our Company may limit or suspend transfers on the relevant account. In this case, please promptly follow the procedures for changing your PIN code, etc. so that it is difficult to guess, as well as any other procedures required by our Company. Our Company is not responsible for any damages caused by this.
- 4. If you enter your PIN code, etc. or other information incorrectly more than the number of times specified by our Company, our Company will limit or suspend transfers for that account. In this case, please follow the procedures for initiating reuse by the method specified by our Company. Our Company is not responsible for any damages caused by failure to make this notification (including delays in notification).
- 5. If you forget your PIN code, etc., please immediately follow the procedures specified by our Company. Our Company is not responsible for any damages caused before these procedures.
Article 12 (Deposit of Funds)
- 1. Customers may deposit transfer funds into their Sendy account as value in advance by the method prescribed by our Company. However, if the deposit limit and value balance set separately are exceeded, a deposit cannot be made. In addition, the maximum amounts for deposits and value balances shall be determined separately.
- 2. Value deposits will be accepted at ATMs operated by Partners. Deposits may not be available due to system maintenance by Partners or due to repair of the ATM itself.
- 3. Transfer funds that can be deposited as value are limited to Japanese yen.
- 4. Customers can check their value balance within the Sendy app.
Article 13 (Issuance of Receipts)
- 1. When a customer deposits transfer funds into a Sendy account as value, our Company uses an electromagnetic method to provide the items stipulated in each Item of Article 30, Paragraph 1 of the Cabinet Office Ordinance on Funds Transfer Service Providers (hereinafter referred to as “items stated on receipts”).
- 2. The electromagnetic method specified in the preceding Paragraph shall be to display items stated on receipts in the Sendy app.
- 3. It shall be agreed in advance that the customer shall receive the items stated on receipts by the electromagnetic method specified in Paragraph 1 of this Article instead of receiving a written document containing said items, unless the customer has stated that he or she will request delivery of a written document. However, if the customer wishes to receive a written document, he or she shall be able to request delivery of a written document from our Company only within three months from the date of deposit as a general rule. Upon receiving the request, our Company shall issue a certificate of receipt by the prescribed method.
- 4. The customer may withdraw consent based on the preceding Paragraph. In that case, our Company shall issue a certificate of receipt by the method specified in the preceding Paragraph.
Article 14 (Transfer Requests)
- 1. Customers may make international money transfers to receivers within the range of the value balance previously deposited into their Sendy account by the method prescribed by our Company. In addition, the maximum transfer amount, etc. shall be determined separately.
- 2. Customer transfer requests shall only be made using the Sendy app, and will not be handled at our Company’s head office or sales office, etc.
- 3. When our Company accepts a transfer request and when all of the following Items have been completed, our Company will approve it, and the request shall be considered complete as a result.
- (1) The customer has confirmed all details of the transfer request as well as other items for which confirmation has been requested by our Company.
- (2) Our Company has received the prescribed fee from the customer’s account, in accordance with the provisions of Article 18.
- 4. When our Company accepts a transfer request, in addition to notifying the customer by the method prescribed by our Company, we will display the transfer ID and other international money transfer details. Please carefully manage the international money transfer details, including the transfer ID, and do not share them with anyone other than the receiver. Our Company is not responsible for any damages caused by the use of these by a third party other than the customer or receiver.
- 5. When our Company accepts a transfer request, in principle, we will not accept any subsequent requests for changes, cancellations, or returns from customers.
- 6. There are periods of time in which a transfer cannot be requested if the receiver has not been registered in advance.
Article 15 (Sending Payment Instructions)When our Company receives a transfer request, we will send payment instructions to Partners without delay, according to the contents of the transfer request and by the method which our Company deems appropriate.
Article 16 (Amount & Method of Receipt)
- 1. As a general rule, international money transfers will be received in the currency of the Receiving Country. As a general rule, conversion to the Receiving Currency will be performed at the foreign exchange rate specified by our Company at the time of receiving a transfer request. In addition, the foreign exchange rate specified by our Company (including those specified in Paragraph 3) includes the profit margin specified by our Company, and in addition to money transfer fees, proceeds related to currency conversion to the Receiving Currency will be partially distributed to Partners.
- 2. Payments to receivers based on international money transfers may require additional procedures by the customer or receiver for payment in some Receiving Countries.
- 3. In some Receiving Countries, some amount may be deducted at time of payment due to taxes, public dues, or handling fees which have been levied. In such cases, our Company will not be obligated to carry out an international money transfer in accordance with conditions specified by the customer when accepting the transfer request.
Article 17 (Receiving Accounts)
- 1. After following the prescribed procedures in accordance with the conditions set by Partners or with the laws and ordinances of each Receiving Country, transfer funds will be deposited by the Receiving Bank into the Receiving Account.
- 2. Notwithstanding the provisions of the preceding Paragraph, even if our Company accepts a customer’s transfer request, it may not be possible to deposit money into the Receiving Account due to transfer restrictions set by Partners or Receiving Banks as specified in Article 7, Paragraph 4. In such case, our Company will not be obligated to carry out an international money transfer in accordance with conditions specified by the customer when accepting the transfer request.
- 3. Except in certain countries, at the time of deposit into the Receiving Account by the Receiving Bank, there will be no confirmation of whether the account number or account holder of the Receiving Account specified by the customer match. For this reason, the account number of the Receiving Account is especially important, so please be careful when applying for registration of receivers.
Article 18 (Payment of Fees, Etc.)
- 1. When requesting a money transfer, in addition to transfer funds, transfer fees specified by our Company as well as other fees and expenses required for international money transfers (in combination with transfer funds, hereinafter referred to as “transfer funds, etc.”) shall be paid in Japanese yen. This payment shall be made by transfer from the value in your Sendy account, and cannot be paid in cash.
- 2. Fees to be paid by the customer to our Company shall be as follows. In addition, fees can be checked on our Company’s website.
- (1) Money transfer fee
- (2) Account cancellation fee
- (3) International money transfer statement issuance fee
- (4) Account maintenance fee for customers with exceeded period of stay
- 3. The money transfer fee in Item 1 of the preceding Paragraph shall be confirmed on the money transfer application confirmation screen, and paid to our Company at the time of applying for a money transfer.
- 4. The account cancellation fee in Paragraph 2, Item ２ of this Article shall be collected from the value in the customer’s Sendy account after our Company receives a cancellation request from the customer. Refunds following cancellation shall be the amount of the value balance held by the customer minus the account cancellation fee. However, if the value balance in the account is less than the account cancellation fee, the full amount of the value in the account shall be charged as the account cancellation fee.
- 5. The international money transfer statement issuance fee in Paragraph 2, Item３of this Article shall be incurred when the statement is sent by mail, and payment shall be made by transfer from the value in the customer’s Sendy account on the date specified by our Company.
- 6. If a customer who does not have Japanese nationality and who resides in Japan has exceeded their period of stay, and has not notified our Company of necessary matters such as period of stay by the method prescribed by our Company, the account maintenance fee for customers with exceeded period of stay in Paragraph 2, Item４of this Article shall be applied on the day specified by our Company every month following the day when three months have passed since the day following the expiration date. Payment shall be made on the same day by transfer from the value in the customer’s Sendy account.
- 7. Our Company may change the fees stipulated in Paragraph 2 of this Article without notifying the customer in advance. In such case, our Company will make a notification by posting the date and details of the change on our Company’s website.
Article 19 (Acquisition & Use, Etc. of Customer Information)
- 1. In order to ensure the proper operation of the Service and other services of our Company (including the purposes of use specified in the following two Paragraphs), our Company will obtain the customer’s nationality, country and place of birth and use said information (including provision to third parties as specified in the following Paragraph).
- 2. In order to support processing of payments to Partners, Partners’ consignees, or Receiving Banks (hereinafter collectively referred to as “Partners, etc.” in this Article), as well as other international money transfers through our Company, or to comply with laws and ordinances, our Company will provide customer information (including information specified in the preceding Paragraph) which we deem necessary to our Partners, etc.
- 3. Partners, etc. may use the customer information (including information specified in Paragraph 1) provided by our Company based on the preceding Paragraph for data analysis to improve Partners’ services (however, this is limited to those which do not lead to the selection of specific individuals), in addition to the purposes of use specified in the preceding Paragraph. In addition, for these purposes of use, such information may be provided to and shared between Partners, etc.
Article 20 (Suspension of the Service)The customer acknowledges that the provision of the Service may be suspended due to system maintenance, inspection, etc., natural disasters, failure of communication lines, or other circumstances. Our Company shall not be liable for any damages, loss, or expense to the customer which has been caused by the suspension.
Article 21 (Prohibited Matters)The customer shall not carry out any of the following matters in relation to the Service.
- (1) The act of using the Service to send money in installments
- (2) The act of using the Service for purposes other than those specified in these Terms
- (3) The act of using the Service for the purpose of money laundering
- (4) Acts connected to crimes such as fraud
- (5) Acts which violate laws, court sentences, decisions or orders, or legally binding administrative measures
- (6) Acts which may harm public order or good manners and customs
- (7) Acts which infringe upon the intellectual property rights such as copyrights, trademark rights, or patent rights, rights to reputation, privacy, or other legal or contractual rights of our Company or a third party.
- (8) Acts which interfere with our Company’s servers or network systems, or other acts which interfere with the operation of our Company’s business related to the Service, or which obstruct or interfere with the use of these by other users
- (9) Other acts which our Company deems inappropriate
Article 22 (Cancellation & Suspension of Use)
- 1. If our Company finds that any of the following Items apply, we may immediately cancel the international money transfer service contract or suspend the use of all or part of the Service by the method prescribed by our Company, without notifying the customer in advance.
- (1) If continuation of the Service violates or is likely to violate laws and ordinances related to foreign exchange, or if is inappropriate in light of said laws and ordinances
- (2) If the content of customer information differs from the facts, or if customer information has been changed without notification specified by our Company
- (3) If documents sent to a mailing address have not arrived or the customer cannot be contacted using the contact information provided, or if the customer’s response to our Company’s request for confirmation based on Article 29 has been delayed or is unsuitable
- (4) If these Terms or transfer restrictions (both including that which has been changed after the customer applies for the International Money Transfer Service Agreement) have been violated
- (5) If the fees specified in these Terms have not been paid
- (6) If there has been a declaration of suspension of payment or start of bankruptcy proceedings
- (7) If the inheritance process has started
- (8) If the customer has not used the Service for more than five years since their last use (“last use” refers to the final time the value balance fluctuates. In addition, this does not apply when our Company has granted a balance by the method prescribed by our Company).
- (9) If a cause for cancellation of or withdrawal from the International Money Transfer Service Contract has occurred
- (10) If suspension of payment, insolvency, petition for legal bankruptcy proceedings, dissolution, asset freeze, or similar causes (hereinafter collectively referred to as “suspension of payment, etc.”) have occurred or have risk of occurring for a Partner
- (11) If a receiver’s (in this Item, meaning a registered receiver) registration has been cancelled, or when a cause for cancellation of registration occurs
- (12) If payment to the receiver is impossible or difficult due to the refusal of payment instructions by a Partner, due to the refusal of payment by the Receiving Bank, etc.
- (13) If any of the Items in Article 8 apply or when our Company judges that this may be the case
- (14) In addition to the preceding Items, if there is considerable reason to take appropriate measures based on this Paragraph
- 2. Customers who do not have Japanese nationality and who live in Japan shall notify our Company of their status of residence, period of stay, and other necessary matters at the request of our Company by the method prescribed by our Company. If the period of stay is exceeded, our Company may restrict the use of all or part of the Service, and if deemed necessary, cancel the International Money Transfer Service Agreement.
- 3. If our Company finds that any of the following Items apply regarding receivers registered by the customer, we may at any time immediately cancel registration of the receiver by the method prescribed by our Company, without notifying the customer in advance.
- (1) If the continuation of the receiver’s registration violates or is likely to violate laws and ordinances related to foreign exchange, or if is inappropriate in light of said laws and ordinances
- (2) If registered matters differ from the facts, or when registered items have been changed without notification specified by our Company
- (3) If these Terms or transfer restrictions (both including that which has been changed after the customer applies for an agreement for the Service) have been violated
- (4) If payment is suspended at the Receiving Bank, or there is a risk thereof
- (5) In addition to the preceding Items, if there is considerable reason to cancel registration of the receiver based on this Paragraph
- 4. Regarding suspension of the Service for customers who have acted based on Paragraphs 1 and 2 of this Article, our Company may cancel the Service at any time we deem it appropriate by the method prescribed by our Company.
- 5. If our Company implements the measures stipulated in the preceding four Paragraphs, we will notify the customer by the method prescribed by our Company.
- 6. If you wish to cancel the Service or to delete a receiver’s registration, please contact us by the method prescribed by our Company.
- 7. If a customer’s International Money Transfer Agreement has been terminated, our Company shall return the value balance held by the customer at the time of termination by the method prescribed by our Company.
Article 23 (Cancellation by Customers)Customers will not be able to cancel an international money transfer transaction. Our Company shall not be liable for any loss or damage arising from the failure to cancel the transaction.
Article 24 (Return of Transfer Funds by Customer)
- 1. Customer cannot request for return of a transfer fund once credited to receiver’s bank account. If a customer requires a refund, etc., we ask them to consult with the receiver separately.
Article 25 (Cancellation by Our Company)
- 1. If our Company finds that an international money transfer for which a transfer request has been received falls under any of the following Items, we may immediately cancel the international money transfer by the method prescribed by our Company, without notifying the customer in advance.
- (1) If there is any reason for cancellation or suspension, as stipulated in each Item of Article 22, Paragraphs 1 and 2
- (2) If it is impossible or difficult to deposit money into the Receiving Account due to a natural disaster, war, domestic conflict, or other circumstances in the Receiving Country, or due to the risk thereof
- (3) If a suspension of payment occurs or is likely to occur concerning the Receiving Bank located in the Receiving Country
- (4) In addition to the preceding Items, if there is considerable reason for cancellation to be appropriate based on this Paragraph
- 2. If for some reason a Receiving Bank cannot deposit into the Receiving Account, funds may be returned. In this case, the international money transfer will be cancelled by the method prescribed by our Company without notifying the customer in advance, after which the returned transfer funds will be credited to the customer’s Sendy account.
- 3. If cancellation specified in Paragraph 1 of this Article is implemented, our Company will notify the customer by the method prescribed by our Company. Please note that the customer will not be notified of the cancellation specified in the preceding Paragraph.
Article 26 (Instructions & Refunds at Time of Cancellation)
- 1. If an international money transfer is cancelled based on Article 25, our Company shall, without delay, send instructions necessary for cancellation and carry out other procedures in accordance with the details of said cancellation by the method which our Company deems appropriate.
- 2. If there has been a cancellation, our Company shall, without delay (however, if a refund should be received due to a cancellation by a Partner, it shall be without delay following the reception of said refund), refund the amount received from the customer in Japanese yen only for the transfer funds, etc. received from the customer at the time the transfer request was accepted, and shall deposit said refund into the customer’s Sendy account without any special deposit request from the customer. In this case, money transfer fees and other fees and expenses other than the transfer funds will not be refunded. In addition, our Company will not be responsible for any damages caused by this.
- 3. Notwithstanding the preceding Paragraph, if our Company finds that a cancellation has been made due to any of the following reasons, the amount received from the customer shall include money transfer fees and other fees and expenses in addition to the transfer funds, and shall be refunded in Japanese yen and credited to the customer’s Sendy account without any special deposit request from the customer. In addition, at our Company’s discretion, this refund may be made without delay following cancellation, regardless of whether or not a refund has been received from our Partner.
- (1) Our Company’s response as stipulated in Article 28, Paragraph 3
- (2) A deposit cannot be made to the Receiving Account due to reasons that should not be attributed to either the customer or the receiver
- (3) In addition to the preceding Items, there is considerable reason for deeming measures stipulated in this Paragraph appropriate
- 4. Notwithstanding the provisions of the preceding Paragraphs, a refund may not be possible if restricted by laws and ordinances related to foreign exchange.
Article 27 (Point Service)
- 1. The point service is one in which our Company grants points to customers when certain conditions (including eligible transfers, how many times said transfers are made and their amounts, hereinafter referred to as “transfer conditions”) are met according to the details of transfers between the customer and our Company, or when our Company deems it appropriate.
- 2. Our Company will inform customers of transfer conditions, the maximum number of points that can be awarded, etc. on our website.
- 3. Customers may use all or part of the points granted by our Company as a discount on transfer fees, only for eligible transfers.
- 4. As a general rule, points will be awarded when the transfer for which points are awarded is made. However, if the customer meets the transfer conditions during the period specified by our Company, points will be awarded on the date specified by our Company.
- 5. Points have an expiration date. Customers may check their balance and point expiration date in the Sendy app.
- 6. Our Company will not grant or cancel points upon request from customers.
- 7. Whether or not points can be awarded, how many points are to be awarded, and other final decisions regarding points will be made by our Company.
- 8. If the customer falls under any one of the following Items, our Company may suspend use of the customer’s point service, or cancel the granting of points. In this case, our Company is not obligated to inform the customer of such before or after the fact.
- (1) If there has been unauthorized use of the point service or there is risk thereof
- (2) If other laws, ordinances, these Terms or other agreements with our Company have been violated
- 9. Even if there are some disadvantages to the customer such as points not being granted as a result of our Company suspending use of the customer’s point service or canceling the granting of points based on the preceding Paragraph, our Company will not be responsible for such disadvantages, and is not obligated to disclose the reason to the customer.
- 10. The point service may be changed or terminated at our Company’s convenience. In this case, our Company will inform customers of such on our website, but we are not obligated to individually notify customers in advance.
Article 28 (Disclaimer)
- 1. Our Company is not liable for any damages specified in the following Items.
- (1) Damage caused by unavoidable circumstances such as natural disasters, incidents, wars, restrictions due to laws and ordinances related to foreign exchange, or measures taken by relevant authorities, etc., courts, or other public institutions
- (2) Damage caused by our Company’s handling in compliance with laws and ordinances related to foreign exchange, these Terms, etc., or handling that had been deemed appropriate in reference to these (including acquisition, use or disclosure of information based on Article 19, and non-execution of refunds as stipulated in Article 26, Paragraph 4)
- (3) Damage caused by a Partner or Receiving Bank’s handling in compliance with laws and ordinances related to foreign exchange, customs of the country in which they are located, or its prescribed procedures, or handling that had been deemed appropriate in reference to these, or some reason attributable to one of these (including erroneous payment, non-payment, underpayment, or late payment of international money transfers)
- (4) Damage caused by reasons attributable to the customer
- (5) Damage related to the cause for international money transfers between the customer and receiver or a third party (including those related to fraud committed by the receiver or a third party)
- (6) Damage caused by documents sent to a mailing address not arriving, failure to contact the customer via other contact information, or due to the customer’s response to our request for confirmation based on the following Article being delayed or unsuitable
- (7) Damage caused by reasons other than those attributable to our Company in addition to the preceding Items
- 2. In cases in which our Company should be held responsible regarding the international money transfer service, regardless of the legal cause of claim except if it is caused by our Company’s intentional or gross negligence, in addition to being limited to direct and actual damages (indirect damages, consequential damages, lost profits, lost opportunities, derivative damages, etc. shall not be included), our Company’s responsibility shall be limited to the total amount (in Japanese yen) of transfer funds, etc. received from the customer when accepting a transfer request.
- 3. Notwithstanding the provisions of Paragraph 1, Item 3 of this Article, when our Company investigates an international money transfer based on customer inquiry, at the time our Company and our Partners have confirmed that erroneous payment, non-payment, etc. has occurred due to reasons attributable to Partners or Receiving Banks (including when our Company deems something equivalent to these), and taking the customer’s intention into consideration, our Company will take appropriate measures such as cancellation of international money transfers based on Articles 25, re-implementation of deposits to Receiving Accounts according to the customer’s transfer request, etc.
Article 29 (Confirmation by Our Company)When it is necessary for our Company to confirm a customer, receiver, transfer request, international money transfer, etc. based on laws and ordinances related to foreign exchange, or whenever our Company deems it necessary (including cases in which there has been an inquiry from relevant authorities, etc., a Partner or Receiving Bank), our Company may request the submission of (certification) documents, the provision of information, etc. as designated by our Company. Please respond promptly to our Company’s request.
Article 30 (Inquiries Regarding Transfer Requests)If there is any doubt regarding international money transfers, such as if funds have not been transferred to the Receiving Account after our Company receives a transfer request, please contact our Company immediately. In this case, our Company will conduct an investigation, such as making inquiries to Partners, and report on the results. In addition, when accepting inquiries, etc., our Company may ask for submission of a request form prescribed by our Company.
Article 31 (Changes in Items of Notification & Registration)
- 1. If there has been any change in the items you have registered or declared (including changes to the contents of identification documents due to renewal of your period of stay), please notify us immediately by the method prescribed by our Company.
- 2. If there has been a change in the items you have registered for a receiver, please apply for said change immediately by the method prescribed by our Company. This application for changes must also be reviewed and approved by our Company.
- 3. Our Company is not liable for any damages which have occurred before acceptance of a report or application for changes caused by failure to report or apply for changes (including delays in notification or application for changes). In addition, items of notification shall be accepted by the method prescribed by our Company, and the date of acceptance shall be the date upon which our Company’s acceptance procedures are completed.
Article 32 (Announcements & Notifications, Etc.)
- 1. Notifications to customers shall be carried out through posts on our website, notifications sent to email addresses via a notification email service, notifications in the Sendy app, written documents sent to mailing addresses, or notifications via telephone.
- 2. If our Company sends a notification or written document addressed to an email address, name, or mailing address, even if it is delayed or does not arrive, it will be considered to have arrived when it should do so normally.
- 3. If our Company has sent a notification or written document addressed to an email address, name, or mailing address, and it has not arrived, our Company shall have the ability to cancel future sending of notifications or documents, or to cancel or suspend all or part of the agreement for this Service.
Article 34 (Handling of Consignment of Paperwork)
- 1. Our Company shall have the ability to outsource paperwork regarding the handling of the Service to a third party other than our Company.
- 2. Our Company and the third parties we outsource business to will securely manage the customer information we hold, and pay thorough attention to protect the privacy of our customers. Customer information shall not be used for any other purpose.
Article 35 (Prohibition of Assignment & Pledging)The rights of customers based on international money transfers cannot be transferred or pledged.
Article 36 (Governing Law)
- 1. The governing law for these Terms shall be Japanese law.
- 2. The Tokyo District Court shall be the exclusive agreed court of jurisdiction concerning proceedings regarding these Terms.